Personal Injury Solicitor Leeds

A  woman who was left almost totally paralysed and only able to communicate by blinking has come home from hospital five years after being struck by a hit and run Forest driver.

Megumi Wilson’s life was wrecked by the ‘catastrophic’ injuries she suffered at the junction of Wye Bridge Street, Monmouth, and the A40 on the night of May 29, 2005. She was struck by John Manuel Dummett of Clearwell who instead of stopping after the collision, drove to a picnic site and set fire to his car to destroy the evidence.

Megumi, who is now 26, is fully aware of the world around her but can do almost nothing for herself. She is around 99 per cent paralysed and the accident has left her described as ‘partially locked in’ and only able to communicate by blinking.

She is now making her multi-million pound damages claim for her injuries from the Motor Insurers Bureau (MIB) – the industry body that compensates victims of uninsured drivers.

It was revealed at a London court in September 2011 that a judge has sanctioned a £250,000 down-payment on her damages so that, after five years in hospital, Megumi, of Cardiff, can finally go home where she’ll receive 24 hour care. This sum is on top of the £348,000 that the MIB has paid out already, but is still only a fraction of the award Megumi is expected to be awarded when her damages claim is heard at the High Court in May 2012.

The MIB, which accepts it must compensate Megumi on the basis of a 70 per cent liability, appealed against the interim payout.

Barrister Benjamin Browne QC, said the central issue at trial will be whether the vast cost of the care regime Megumi will need for the rest of her life should be paid for by the insurers or the local health board out of public funds. He argued that the £250,000 payout robbed the MIB of a ‘level playing field’ and prejudiced the debate over whether Megumi is better off being cared for privately in a home of her own or an institituion at local health board expense.

He told the court that a previous attempt to move her out of hospital had ended in failure after five days when she had to be taken back into intensive care.
However, refusing the MIB permission to appeal, Lord Justice Pill said the judge who ordered the £250,000 interim payment had rightly considered: “The strong wishes of Megumi herself who had been in hospital for five years and was very anxious to be in private accommodation.”

The hearing to assess the full amount of compensation will go ahead in May unless final settlement terms are agreed beforehand.

If you or someone you know would like to find out if they can claim injury compensation, call us today on 0800 612 7445 to arrange a free consultation with a specialist personal injury solicitor or click here to start your claim.